This website contains decisions and determinations of both the Labour Court and the WRC. It also contains decisions and recommendations of the Equality Tribunal since 1996 and post 2007 determinations of the Employment Appeals Tribunal. For more information click here

UDD2141

FULL RECOMMENDATION

UD/20/187
ADJ-00027641, CA-00035450-001
DETERMINATION NO. UDD2141

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015


PARTIES :
HENRY JAMES COMPANY LIMITED TRANSPORT


- AND -

SIMIONESCU NICOLAE


DIVISION :

Chairman: Mr Foley
Employer Member: Ms Doyle
Worker Member: Ms Tanham

SUBJECT:

1. Appeal of Adjudication Officer Decision No(S) ADJ-00027641, CA-00035450-001

BACKGROUND:

2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 3 December 2020 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 18 May 2021. The following is the Determination of the Court:



DETERMINATION :

This matter comes before the Court as an appeal by Henry James Company Limited Transport [the name attributed to the employer on the decision of the Adjudication Officer] (the Appellant) of a decision of an Adjudication Officer made in the complaint of Nicolae Simionescu (the Respondent) made under the Unfair Dismissals Act, 1977 to 2015.

The Adjudication Officer found that the complaint made by the Respondent against his former employer was well founded and awarded the sum of €8,519.30 in compensation.

The Appellant was informed of the time, date and venue at which the hearing of the Court would be held. The Appellant informed the Court in advance that it would not attend the hearing of the Court. In the event there was no appearance by the Appellant.

In circumstances where the Appellant did not appear before the Court to move its appeal, the appeal must fail.

Decision

For the reason outlined above the appeal does not succeed and the decision of the Adjudication Officer is affirmed.

The Court so decides.

Signed on behalf of the Labour Court
Kevin Foley
CO'R ______________________
18 May 2021 Chairman


NOTE

Enquiries concerning this Determination should be addressed to Clodagh O'Reilly, Court Secretary.